Draft Conservation of Habitats and Species (Offshore Wind) (Amendment etc.) Regulations 2026

Debate between Emma Hardy and Robbie Moore

Monday 27th April 2026 General Committees

[Emma Hardy]

I am grateful to hon. Members across the Committee for the considered points they have raised. Without these reforms, vital offshore wind projects will continue to encounter obstacles in securing appropriate environmental compensation measures, delaying progress towards clean renewable energy. This SI puts forward a balanced and pragmatic new approach to the environmental compensatory requirements for offshore wind, one that supports faster deployment of renewable energy and, crucially, unlocks new opportunities to improve the health of our marine environment.

I reassure the Committee that environmental protection sits at the heart of this policy, and our commitment to maintaining strong environmental protection remains firm. This SI makes targeted amendments to specific parts of habitats regulation in relation to compensatory measures for offshore wind. Robust environmental safeguards have been put in place to ensure that those changes will not weaken our existing protection, and to ensure continued compliance with all domestic and international environmental commitments.

In response to the points made by the Liberal Democrat spokesperson, the hon. Member for Glastonbury and Somerton, this approach is fully consistent with the Government’s wider environmental ambitions, including our commitment to 30 by 30. The UK has already designated about 38% of our seas as marine protected areas, demonstrating our determination to protect the marine environment at scale. Under the Environment Act 2021, there is a statutory target for at least 70% of marine protected area features in English waters to be in favourable condition by 2042, with the remainder in recovering condition. We know that some of these sites continue to face significant pressure.

Let me turn to the points on the guidance made by the spokesperson for the official Opposition, the hon. Member for Keighley and Ilkley. In response to the concern that important policy details have not been included in this statutory instrument, I reassure the Committee that we have been fully transparent in the published policy note on what the statutory instrument policy intention is and on what the accompanying guidance will cover. The guidance will explain the key elements of the statutory instrument and how it should be implemented and understood. It will also provide clarity on broader elements of existing habitat regulation requirements.

As I mentioned in my opening speech, I recognise the concerns regarding the Department’s decision to lay the statutory instrument before Parliament ahead of publishing the draft guidance. However, the statutory instrument is essential in delivering the clean power mission and ensuring that progress is not delayed. Although the guidance is an important supporting document, it is a technical and operational, designed to explain to practitioners how to put the policies into action.

We have tested the draft guidance with users and held constructive discussions with key stakeholders on its content. Alongside that, we have worked closely with the Scottish Government to ensure alignment as far as possible with their respective guidance. I reassure hon. Members that that engagement has strengthened the guidance, ensuring that it will be robust and fit for purpose when published on 21 May.

[Robbie Moore]

Can the Minister expand on whether fishermen were included as one of the key stakeholder organisations as part of the guidance.

[Emma Hardy]

I will come to the hon. Gentleman’s point on fishermen now—let me rearrange my papers. Regarding the impact of the statutory instrument on fishers, we are actively considering how best to engage marine users, including fishers, in the development of wider compensatory measures, particularly where those measures may affect their activity. Any future compensatory measures enabled by these reforms that could impact the commercial fishing industry will be fully assessed and DEFRA will work closely with the fishing industry to discuss practicalities, ensuring that any proposals are developed and implemented in a fair and workable way.

The hon. Gentleman raised an important point about spatial squeeze, which is a real issue for the fishing community and one that we certainly recognise in DEFRA. We have looked at the cumulative restrictions on the fisheries from offshore wind, as well as nature protection and how that impacts the spatial squeeze, and the Crown Estate is working with the sector to get its input into the processes to refine sites for future offshore wind leasing.

In many areas, different activities can co-exist and are able to work together. Marine Management Organisation data shows that there is some level of fishing in around 80% of the English sea. Depending on the fishing gear used, fishing can overlap with other activities. For example, fishing can still take place over telecom cables or in some other areas.

[Robbie Moore]

The Minister is being incredibly kind in giving way, but to push her on that point: has the guidance been stress-tested on the fishermen to date? The Minister said she will work with them. Have the fishermen been involved yet?

[Emma Hardy]

I cannot give the hon. Gentleman a list of all the people that we have engaged with. I have been reassured by the Department that the engagement has been substantive and extensive across all the different organisations. Of course, if what I have just said is found to be not correct, I will make sure that I correct it for him, but that is certainly my understanding.

How it will work with the marine recovery fund was also mentioned. That fund is exciting, and the statutory instrument works with it to support the acceleration of offshore wind development. By looking at the different types of compensatory measures available for offshore wind impacts, the statutory instrument will increase the number and range of compensatory measures that can be added to the library.

The hon. Member for Keighley and Ilkley raised an important point about moving through the hierarchy. To be fair, a number of non-governmental organisations have said that they do not want developers to go straight down, and asked how we ensure that the hierarchy is in place and a developer does not go straight down to tier 3. I welcome the opportunity to expand on that now.

What we are going to be doing—[Interruption.] I have had inspiration—it just arrived; it happens like that sometimes. The fishing industry did not engage on the wider testing on the guidance, but will be engaged on measures and met frequently on the policy and the statutory instrument. I thank my officials for that inspiration.

There are two circumstances where it is permissible to move through the hierarchy, as outlined in the proposed compensatory hierarchy, published in the policy note. The first applies to the availability of measures for a developer to move to tier 2, or in some cases tier 3, if they can demonstrate that no, or insufficient, suitable tier 1 measures are available, or they can progress to tier 3 if no suitable tier 2 measures are available.

The second circumstance allows a developer to progress through the hierarchy if they can demonstrate that doing so will enable a greater ecological benefit. Progression to tier 3 will be allowed only if a developer can demonstrate that no tier 1 or tier 2 measures are available, or where tier 3 measures would deliver a greater ecological benefit. Developers must submit clear evidence to the consenting authority who will assess proposals on a case-by-case basis, informed by advice from statutory nature conservation bodies before allowing progression to tier 3.

Where tier 3 is permitted, developers must draw from the library of strategic compensatory measures. Measures can be added to the library only once they have been approved by the relevant Minister. We have tried to put in various safeguards throughout to ensure that tier 3 measures cannot become the default or easy options.

I thank my hon. Friend the Member for Calder Valley for the important issues he often raises—I am sure he will continue to do so. He is a passionate supporter of his constituents. I thank him for his support for the statutory instrument. I hope I answered all the questions from all hon. Members. I thank the Committee, and commend to it the regulations.

Question put and agreed to.

Water Scarcity

Debate between Emma Hardy and Robbie Moore

Tuesday 9th December 2025 Westminster Hall

[Emma Hardy]

I thank my hon. Friend for that lovely invite. Visiting a chalk stream sounds beautiful—perhaps in springtime, when it is looking particularly gorgeous, or in summer.

I agree with so many of the points made—even those made by the shadow Minister—about farming, what we can do to support farmers and how we can make it easier for them to store water on their land. At this moment, I cannot commit to saying exactly where my thinking is on this, but I can say I am looking at it extremely closely: how can we make it easier for farms to become more resilient and for farmers to store water when it rains, so that it is there when they need it? I have also been looking closely at the interestingly titled WAGs—I thought that meant something else entirely, but as we all know stands it for water abstraction groups. I have been looking at how they have been doing some of that work.

[Robbie Moore]

Landscape recovery schemes are a great way of dealing not only with water quality schemes, but with water resilience strategies. Will the Minister commit to working with her colleagues to look at removing the one-year break clause that now exists within landscape recovery schemes, because it makes it very difficult for anyone willing to get involved to sign up?

[Emma Hardy]

I commit to taking that to the farming Minister to have a thorough look at it. I am acutely aware of how difficult farmers have had it this year. The flooding in the winter and the drought in the summer have been devastating for them, so I am really keen to see what we can do.

There was a call for a campaign on the preciousness of water, but one already exists: the water efficiency fund campaign, the chair of which will be announced in the new year. It is a fund by Ofwat looking into the communications we need around water and how precious it is.

The Liberal Democrat spokesperson, the hon. Member for Westmorland and Lonsdale (Tim Farron), keeps wanting me to give him spoilers, but I will continue to refuse to give spoilers on exactly what will and will not be in the White Paper. As has been announced—he knows this already—we are going to look at having one powerful regulator and a joined-up, comprehensive approach to regulation across the whole of the industry.

I completely agree with the point that was made about fragmentation; there are so many different plans involved in how much water we need. We need to look at how we can streamline this, make it more straightforward and hold people to account for who is delivering what and when. There is much more to come in the White Paper, as well as the legislation following it.

Oral Answers to Questions

Debate between Emma Hardy and Robbie Moore

Thursday 8th May 2025 Commons Chamber

[Mr Speaker]

I call the shadow Minister.

[Robbie Moore (Keighley and Ilkley) (Con)]

On the 80th anniversary of VE Day, I thank those who fought for our and Europe’s freedom and, indeed, those who worked our land and kept our nation fed.

Our peatlands store 26 times more carbon than forests. They improve water quality and protect communities up and down the UK from flooding. The Nature Minister rightly called peatlands our “country’s Amazon rainforest” and launched a consultation to protect them. She is right, because once they have been destroyed, they can never be replaced. At the very same time, the Energy Secretary plans to rip up 2,000 hectares of protected peatland on historic land in West Yorkshire for a vast wind farm development, opening up communities to flooding and destroying the peatlands that Labour says it wants to protect. How can the Government claim to be protecting our irreplaceable peatlands when the Department for Energy Security and Net Zero is actively considering destroying one of our most environmentally important landscapes in the country?

[Emma Hardy]

I pay tribute to the hon. Member’s ability to weave a question for the Department for Energy Security and Net Zero into a question on flooding. He will have heard from the Nature Minister how important peatlands are and how essential they are for this country and heard our commitment to protecting them.

Water Companies: Regulation and Financial Stability

Debate between Emma Hardy and Robbie Moore

Wednesday 23rd October 2024 Westminster Hall

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Emma Hardy)]

It is a pleasure to serve under your chairmanship, Mr Pritchard. I thank the hon. Member for Westmorland and Lonsdale (Tim Farron) for securing this debate. I will make sure he has time to sum up at the end.

In response to the shadow Minister, I think the Government’s record speaks for itself. Although he might wish to rewrite history, he cannot actually change history. If people want to see what his Government achieved, they just need to look at a storm overflow pipe or perhaps the level of pollution in every river, lake and sea. The public outrage and outcry over this issue is felt by everybody. It is certainly felt by this Government.

The level of pollution in our iconic lakes such as Windermere and in our beautiful chalk streams—we have had debates on this before—is outrageous. It is right that that has become more of an issue as time has gone on. That is a positive thing. We need to value our nature to a far higher level than we ever did before, and change is needed. Indeed, we were elected on a mandate to bring about that change. I am pleased that climate change was mentioned in the debate as well. Our problems will only increase because of our changing climate. Everywhere will perhaps not be quite as wet as the constituency of the hon. Member for Westmorland and Lonsdale, but places will certainly be getting to those kinds of levels.

I pay tribute to all the campaign groups and organisations that have come to meet me since I became the Minister with this responsibility. Those people are incredibly passionate and dedicated, often citizen scientists giving their spare time to work on this issue, because they passionately believe in it.

I must mention the wonderful speech of my hon. Friend the Member for Easington (Grahame Morris), the quietly spoken radical. I welcome his support for the Water (Special Measures) Bill. Never let his quiet ways lead to underestimating the secret radicalness within him. I hope that he will contribute to the water review and the consultation. We will welcome his expertise.

I pay tribute to a fantastic new Member, my hon. Friend the Member for York Outer (Mr Charters), who is a brilliant local champion. I value his contribution and I share his outrage at the levels of sewage he has seen in his constituency. I agree with the very good point he made: when we look at the consultation, we should look at other regulatory systems to see what works well and at what lessons can be learned, so that we create a system that is effective for the future. I hope that that is something that he, too, feeds into the consultation.

The Water (Special Measures) Bill has been mentioned a number of times. Before it comes to this House, I will organise drop-in sessions for Members of Parliament, who are welcome to talk to me about possible amendments and things that they would like to see in the Bill. I am happy to discuss that. I will of course make time for all the Front-Bench spokespeople to talk to me about it, too.

I have to say, however, that I was rather surprised to hear criticism by Members of Parliament of the idea of inclusion, of consultation with our commission. This Government believe in doing things with people and not to people. I will go so far as to say that the Government are not arrogant enough to believe themselves to have all the answers and expertise, especially with so many experts out there. The Government want to reset our water industry for decades to come and—this is in my DNA and is stated on the back of my Labour party membership card—we believe

“that by the strength of our common endeavour we achieve more than we achieve alone”.

This is my philosophy of working with other people—looking at systems of co-production, at how we can create consensus, and at bringing together different ideas and expertise. I was therefore a bit surprised to hear that the idea of consultation and including others should be ignored. In fact, the previous Government had many examples of being arrogant enough to presume that they knew all the answers. Indeed, that Government created systems and policies that have been found to be utterly failing, because they did not listen to what the general public or campaigners were saying.

There is little point to different Members of Parliament talking about how they value the contribution of campaigners and organisations—how welcome those are and how well they have worked with them—when they also say that the ideas and expertise of those campaigners and other people should not contribute to Government policy. Deeds, not words—if we value people’s expertise and contribution, we must let them work with us to shape legislation for the future.

This commission will work with those experts, will value their contributions and listen to them, and will shape something that is fit for the future. It will conclude in June and, after a couple of months of looking at the consultation and Government response, further legislation will be brought forward. Some things will need primary legislation to change, as the shadow Minister, the hon. Member for Keighley and Ilkley (Robbie Moore), understands, but some things can be done more quickly. That very much depends on the recommendations. If primary legislation is required, obviously such things will take longer.

An important point to make is that the Government want to do things in a different and inclusive way. I reach out to each and every one of the people in this Chamber to say: “We want to do this with you.” Yes, there will be different points of view across the Chamber and there will be different ideas about what the right answer is, but let us act collectively on this, not just as Members of Parliament across the House, but as campaigners, organisations and members of all groups, even my mum’s wild swimming group—I am sure they have many an opinion on what the right policy should be. Let us come together to create something meaningful that will command cross-party support and make a difference. That is what we want from this consultation. I will be honest: I am a bit disappointed that people think consulting and working with others is a bad idea.

While I am having a slight moan about things that are slightly disappointing, there seems to be a confused message coming from the Chamber. Members have highlighted that some of the drought plans for water companies are rather, shall we say, extreme, as they involve shipping water over from other countries to deal with droughts, but they also criticised building reservoirs. They cannot do both. If we are going to plan for droughts, we need to talk about building reservoirs and ensure we have the infrastructure we need for the future.

What have the Government been doing? In week one, we got all the CEOs together in a room and talked to them about how we fix the industry. From that meeting, we secured a change to the articles of association, ringfenced funding for vital infrastructure, and new customer panels, and strengthened the protection and compensation for householders. In the week after the summer recess, we introduced the Water (Special Measures) Bill, so in our first 100 days we have hardly been resting on our laurels.

A lot has been said about the independent commission. It is really important that it is independent, and I am pleased that my hon. Friend the Member for York Outer paid tribute to Sir Jon Cunliffe, whose expertise and financial record are second to none, so is somebody we can work with collectively to produce something really effective.

[Robbie Moore]

On the commission, would the Minister be kind enough to outline to the House the timings? The PR24 process, which Ofwat is looking at, comes into effect next year and will be in place until 2029-30. Will any positive recommendations from the commission take effect within that price review period?

[Emma Hardy]

The shadow Minister is pointing out the way we plan and look at our five-year cycle. Whether that is the best way of doing things is a whole other question. The answer is the one I gave earlier: it very much depends on whether things need primary legislation. Some things that change the regulator will not affect the price review framework. The price review framework is based on the amount of money that people will invest in infrastructure, and changes needed for the next five years. That does not mean that things relating to regulation and the rules cannot be changed. I am sure he understands that.

I reiterate the Government’s commitment to driving meaningful, long-term improvements in the performance and culture of the water industry. We want to deliver on our ambition to clean up our rivers, lakes and seas, and the actions I have outlined today are only the beginning. I am passionate about this issue, and am very pleased to be leading on it. In fact, I asked to become the Minister for it, and we do not always get what we ask for in politics. I reiterate my invitation to work with each and every Member here. I think consultation and collaboration are good things, and I hope all hon. Members will embrace that. I look forward to working with them to achieve the goal that we all share: cleaner rivers, lakes and seas.